IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY
PRESS, et al.,
Plaintiffs,
vs.
MARK P. BECKER, in his
official capacity as
Georgia State University
President, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action File
No. 1:08-CV-1425-ODE
- - Videotaped deposition of CARRIE PACKWOOD
FREEMAN, taken on behalf of the plaintiffs, pursuant to
the stipulations contained herein, before Teresa Bishop,
RPR, RMR, CCR No. B-307, at 1180 Peachtree Street, 16th
Floor, Atlanta, Georgia, on Thursday, April 21, 2011,
commencing at the hour of 3:28 p.m.
_______________________________________________________
Shugart & Bishop
Certified Court Reporters
Suite 140
13 Corporate Square
Atlanta, Georgia 30329
(770) 955-5252
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
1
APRIL 21, 2011
I N D E X
2
Examinations
Page
3
4
EXAMINATION BY MR. LARSON
4
5
6
7
E X H I B I T S
8
9
No.
Description
Page
10
11
1
syllabus from fall 2009 for media
12
13
ethics class
2
class schedule listing from the
14
15
16
GoSolar system
3
fair use checklist for the
16
17
16
27
Bugeja excerpt
37*
online electronic reserves
18
29
request form
19
20
21
Dixon Exhibit
2
GSU copyright policy
13
22
23
24
*
exhibit from previous deposition
25
SHUGART & BISHOP
Page 2
CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
APPEARANCES OF COUNSEL:
2
3
FOR THE PLAINTIFFS:
4
5
6
7
8
TODD D. LARSON
ATTORNEY AT LAW
WEIL GOTSHAL & MANGES
767 FIFTH AVENUE
NEW YORK, NY 10153-0119
212.310.8238
TODD.LARSON@WEIL.COM
9
10
FOR THE DEFENDANTS:
11
12
13
14
15
KATRINA M. QUICKER
ATTORNEY AT LAW
BALLARD SPAHR LLP
SUITE 1000
999 PEACHTREE STREET
ATLANTA, GA. 30309-3915
678.420.9300
QUICKERK@BALLARDSPARH.COM
16
17
ALSO PRESENT:
18
19
LIZ KEMP, VIDEOGRAPHER
20
21
- - -
22
(Disclosure was made pursuant to O.C.G.A. Annotated 9-11-28
23
(c) and (d) and 15-14-37 (a), (b) and (c).)
24
- - -
25
SHUGART & BISHOP
Page 3
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
THE VIDEOGRAPHER:
1
APRIL 21, 2011
We're on the video
2
record.
This is the beginning of tape
3
number 1.
4
the videotaped deposition of Carrie Freeman
5
in the case of Cambridge University Press
6
et al versus Becker et al.
The time is 3:28 p.m.
This is
Madam Court Reporter, would you please
7
swear the witness.
8
CARRIE FREEMAN,
9
10
having been first duly sworn, was examined and testified as
11
follows:
EXAMINATION
12
13
14
BY MR. LARSON:
Q.
Professor Freeman, if you would start by
15
stating your full name for the record and providing your
16
address?
17
A.
My personal address?
18
Q.
Yes.
19
A.
Yes.
20
21
Carrie Lynn Packwood Freeman.
And I'm
at 1023 Washita Avenue, Atlanta, Georgia, 30307.
Q.
22
record.
23
My name is Todd Larson.
We met off the
action.
Have you been deposed before?
24
25
I'm here representing the plaintiffs in this
A.
No.
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
Q.
Okay.
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
I'm sure your counsel told you how this
2
will go, but let me give you a few guidelines if I
3
could.
I'll ask you some questions, and I'd ask that
4
5
you answer verbally as opposed to nods which don't show
6
up on the transcript.
7
A.
Okay.
8
Q.
Let me finish my questions before you answer,
9
just again so we have a clean transcript.
I will try
10
not to cut you off as well.
If I ask a question that's
11
unclear in some way or that you don't understand, feel
12
free to tell me that and I'll try to rephrase it in a
13
way that makes it more clear.
If you need a break, let me know.
14
We should
15
be pretty quick today and I think the tape -- well, the
16
tape may end at an hour to give us a natural break,
17
anyway, but if you want to break before that, feel free.
Your counsel may make objections during the
18
19
course of the deposition.
20
what happens.
21
you can go ahead and answer the question.
Unless she instructs you not to answer,
And that's it.
22
That's sort of typical of
Do you have any questions?
23
A.
I don't -- no.
24
Q.
Just to start, tell me what you did, if
25
anything, to prepare for today's deposition?
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CAMBRIDGE vs. BECKER
1
A.
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
Not much because this is the last day of class
2
and so I'm really busy right now, and so I just met with
3
Katrina for the first time yesterday.
4
lot because my mind has been on finishing up my classes
5
in a positive way.
So not a whole
6
Q.
7
today?
8
A.
Did I review documents, no.
9
Q.
So you didn't take a look back at your
10
11
Did you review documents in preparation for
checklists, fair use checklists, for example?
A.
Well, I met with Katrina yesterday and that
12
was the only time we talked about it.
13
of my meeting with her have I gone and done any extra
14
research, if that's what you mean.
15
Q.
Right.
But not outside
And even if -- I don't need you to
16
tell me what you two discussed, that's privileged.
But
17
prior to today's deposition, did you take a look back at
18
your fair use checklists?
19
A.
We looked at the fair use checklist yesterday.
20
Q.
Okay.
21
22
23
24
25
And did you look at the GSU copyright
policy?
A.
I don't think so, not if it's separate from
the checklist.
Q.
Okay.
Have you looked at any transcripts of
any prior depositions from the case?
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
1
A.
No.
2
Q.
Okay.
APRIL 21, 2011
3
Have you spoken to any other folks from
GSU who have been deposed?
4
A.
No.
5
Q.
Have you read any of the briefing or
6
submissions, the complaint in the case, anything like
7
that?
8
A.
No.
9
Q.
Okay.
10
Are you aware that the trial has been
set in the case starting May 16th?
11
A.
I am now.
12
Q.
Are you aware at this point whether you'll be
13
14
15
16
attending the trial as a witness?
A.
I know that I need to be available, but I'm
not sure if I'm going to be called.
Q.
Okay.
And tell me about your availability,
17
let's say, between May 16th and June 16th, do you have
18
plans to be away for any length?
19
A.
I think I should be here, because I do have a
20
trip planned that's prior to that, so I think it should
21
be okay.
22
23
Q.
Okay.
background.
Just tell me generally about your
What department are you in?
24
A.
Communication.
25
Q.
And how long have you been at Georgia State?
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
2
A.
CARRIE PACKWOOD FREEMAN
I'm finishing up my third year.
APRIL 21, 2011
So I'm an
assistant professor.
3
Q.
4
State?
5
A.
Did you teach somewhere else prior to Georgia
I just got my doctorate in the fall of 2008 at
6
the University of Oregon, where I got this fine cup that
7
everyone heard earlier.
8
Q.
So this was your first job out from Oregon?
9
A.
Uh-huh.
10
Q.
And was your doctorate in communications?
11
A.
Yes.
12
Q.
Have you ever had any law classes?
13
A.
I took a law class on environment conflict
Yes.
14
resolution because environmental and animal rights
15
issues are my area of specialty.
16
technically in the law department, but really was a
17
conflict resolution class.
18
of Georgia.
19
Q.
Have you had any formal copyright training?
20
A.
No.
21
Q.
Have you published?
22
A.
Yes.
But that was
And that was at University
In academic journals and in chapters in
23
books, edited books, and just, you know, letters to the
24
editor and things like that.
25
Q.
Were any of the journals published by any of
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CAMBRIDGE vs. BECKER
1
2
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
the plaintiffs in this action that you're aware of?
A.
I had published in Sage.
They had a green
3
food encyclopedia on environmentalism and food and I did
4
several entries for them in an online encyclopedia.
5
think that's the only Sage or -- is it Oxford and
6
Cambridge?
7
Q.
Yes.
8
A.
Yeah, I don't think I have.
9
for the books I haven't.
I
Although I know
But it's possible -- a lot of
10
times the academic journals are like Taylor & Francis,
11
but I don't know sometimes who the publishers of those
12
academic journals are.
But I don't think so.
13
Q.
Okay.
When was the Sage experience?
14
A.
That was recent.
15
this last summer.
16
I think it just came out
And it's online, it's not a print
copy.
17
Q.
Who did you deal with at Sage?
18
A.
I don't remember because it came out now, but
19
we worked on it maybe a year or so ago.
20
a longer time.
21
over e-mail.
22
Q.
It was kind of
And I never saw anybody, it was just
And do you know whether it was actually a Sage
23
employee or was there sort of a separate editor of the
24
volume?
25
A.
There were editors to the volume.
I probably
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
was speaking with a Sage employee, but actually I don't
2
know.
3
Q.
Did you have a contract for that work?
4
A.
I think I did.
What they ended up doing was
5
giving me credit.
6
gotten paid of sorts.
7
something to put towards buying their own books.
8
$100 credit or something.
9
10
11
Q.
That was one of the only times I've
Like I think I got a $100 or
Like a
I don't expect you to give me a long list, but
approximately how many book chapters have you published?
A.
I have one in "Food For Thought", one in this
12
"Arguments About Animal Ethics" book, I have two that
13
are supposed to come out and a potential third, but they
14
haven't come out yet.
15
are in print right now.
16
17
18
Q.
So potentially five, but two that
And do you recall for those, did you have
contracts with the publisher for those chapters?
A.
I probably did have to fax in something, yes.
19
Once it's determined -- you know, I work mostly with my
20
editor of -- because they're always edited collections
21
and then so I don't really work with the publisher, the
22
editor works with the publisher, but there's usually at
23
some point in the process when they know you're on board
24
and you're going to have a chapter in the book that the
25
process is formalized and you sign something and fax it
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
2
3
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
in.
Q.
And do you recall -- I mean, is it a contract
or some kind of an agreements?
4
A.
It probably is a copyright agreement of some
5
kind, yes.
6
Q.
And do you remember for those chapters, did
7
you assign your copyright in the chapter over to the
8
publishers or to the editor?
9
A.
That's probably what is happening.
Because I
10
know I can't just share those chapters with anyone who
11
asks or make copies for my friends and things like that.
12
Not that anyone is asking.
But --
13
Q.
Were you paid for those book chapters?
14
A.
No.
15
16
The only thing I was really paid for was
that one Sage online encyclopedia.
Q.
And I guess apart from payment then, are there
17
other benefits to you career wise of doing these
18
chapters?
19
A.
20
free book.
21
requirements for my job.
22
fulfillment to me to have my work validated in that way
23
and to be able to share these ideas with people.
Sometimes you get a copy book.
You get one
And it certainly is part of my research
And there's personal
24
Q.
Are you up for tenure at some point?
25
A.
Yeah.
I probably have two or three more years
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
1
before that.
2
APRIL 21, 2011
file like halfway through the process.
3
4
Q.
So I just finished my pre-tenure review
And is it important, to your understanding,
that you have published as part of your tenure process?
5
A.
Yes.
6
Q.
Okay.
And in your field, is that journal
7
articles or is there an expectation that you'll publish
8
a book or how does that work?
9
A.
Well, journal articles are very well
10
respected, and so I have quite a few of those.
11
I have the book chapters.
12
dissertation published as a book.
13
And then
that this summer.
But I am trying to get my
And so I'm working on
But it's not -- it's not -- I think in my
14
15
field it's not as required as if I was an English
16
professor or some other field.
17
would be nice.
18
you have your own book.
19
20
21
Q.
But it's always -- it
So but that's a major accomplishment if
Do you have a publisher yet for the
dissertation?
A.
Well, Redobe Press, which an academic press in
22
Europe, they have a critical animal studies series and
23
they are reviewing it right now after -- it's kind of in
24
a third review process, so it's looking promising, so I
25
don't know.
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CAMBRIDGE vs. BECKER
Q.
1
2
APRIL 21, 2011
Let me show you what has previously been
marked as Dixon 2.
This is probably your 10th copy.
MS. QUICKER:
3
4
CARRIE PACKWOOD FREEMAN
It is.
BY MR. LARSON:
5
Q.
Do you recognize Exhibit 2, Dixon 2?
6
A.
Well, in particular the fair use checklist,
Q.
And the checklist is what appears at page 7 of
10
A.
Yes, 7 and 8.
11
Q.
Take a look back -- looking at page 1.
7
yes.
8
9
19?
Apart
12
from the checklist pages, which are 7 and 8, do you
13
recognize any of the other pages of the document?
14
A.
I don't know that I do recall them.
If I was
15
exposed to them it was probably during my orientation
16
because I know I received some information.
17
orientation would have been in fall of 2008.
18
19
20
Q.
And my
But sitting here now, you don't recall having
seen -A.
I can't -- yeah, I can't recall.
There's so
21
many different policies that I've been exposed to
22
related to the university, but I know that -- I get the
23
impression from the university that copyright is
24
important and it's something to be vigilant about.
25
know it's important to the university and it gets talked
So I
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
about a lot, so it's not like it's not an important
2
policy.
3
framed in my office or anything.
4
5
6
Q.
So I really don't have a copy of this like
When you say it gets talked about a lot, where
do you mean it gets talked about?
A.
It's probably talked about a lot because of
7
this lawsuit.
8
sense that we're putting things on reserve at the
9
library or copyrights because I'm publishing and I have
10
that.
11
But it always gets talked about in the
So I think it just kind of gets talked about in
that sense.
Or we know we just can't do anything we want,
12
13
that there's regulations about the way you use academic
14
works or any kind of published works.
15
that.
16
17
Q.
I'm well aware of
And was that something covered in your
orientation?
18
A.
I think that it was.
19
Q.
Do you recall whether this document was shown
20
21
22
23
to you in your orientation?
MS. QUICKER: Objection.
Asked and
answered.
THE WITNESS: Yeah, I don't know if I've
24
seen the full document.
25
I haven't read it
in a while if I was.
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CAMBRIDGE vs. BECKER
1
2
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
BY MR. LARSON:
Q.
Apart from your orientation in fall 2008, have
3
you attended any other training sessions or orientation
4
related to GSU copyright policy?
5
A.
I don't believe I have.
6
Q.
You use the ERes system for readings, is that
7
right?
8
A.
Sometimes, yeah.
9
Q.
If you were contacted by the provost's office
10
and told that you had -- that a reading that you had
11
posted was in violation of copyright law, would you
12
remove that reading?
13
MS. QUICKER:
Objection.
14
THE WITNESS:
Am I supposed to answer
this question?
15
16
Foundation.
BY MR. LARSON:
17
Q.
Yeah.
18
A.
That would seem unusual for them to get
19
involved.
20
would remove it and then ask, you know, why was it
21
because I would want to know so I would make sure that
22
the next time I posted something it was done
23
appropriately, so I'd want to learn from that
24
experience.
25
Q.
They don't usually get involved.
I probably
But --
And would the answer be the same if that
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
contact came from the president's office?
2
MS. QUICKER: Objection.
Foundation.
3
THE WITNESS: Well, I'm sure.
If it
4
came from my boss it would be -- you know,
5
I would take it seriously.
6
BY MR. LARSON:
7
Q.
Who is your boss?
8
A.
David Cheshire.
9
10
He's the department chair of
communication.
Q.
Let me show you what I've marked as Freeman 1.
11
It's getting late in the day when I've lost count of the
12
exhibits and we're at Number 1.
Do you recognize Freeman 1?
13
14
15
A.
Yeah, apparently it's my syllabus from fall
2009 for my media ethics class.
16
Q.
And that's journalism 4800?
17
A.
Uh-huh.
18
Q.
And let me just show you also what I've marked
19
as Freeman 2.
And I will represent to you this is a
20
printout that we made from the publicly, you know,
21
accessible portions of the GSU web site, the GoSolar
22
system.
Are you familiar with the GoSolar system?
23
24
A.
Yes.
25
Q.
You use it on occasion?
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
A.
Yes.
We have to post our grades there, yes.
2
Q.
So this, we made a printout of your course
3
list I think from the fall semester of 2009.
You'll see
4
down at the bottom it indicates journalism 4800 taught
5
during that semester.
Is that right?
6
A.
Yeah, it has the same CRN number 83268.
7
Q.
Okay.
And if I'm reading this right, it says
8
that there was a cap of 25 students and an actual
9
enrollment of 19.
Is that approximately --
10
11
A.
Yeah, it didn't fill up.
12
Q.
But that 19 is, to the best of your
13
14
recollection, is accurate?
A.
Yeah.
Some people end up dropping out because
15
there's a long paper and it scares people.
16
number gets progressively smaller.
17
Q.
I noticed that, 25 pages is it?
18
A.
Yes, it is.
19
Q.
Okay.
And so the
Let's look back at Exhibit 1, the syllabus, if
20
21
You can set that one aside.
we could starting in the section identified as text.
22
A.
Yeah.
23
Q.
There's a book there by Louis Day.
24
25
Was that a
text required for purchase in the course?
A.
Yes.
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CAMBRIDGE vs. BECKER
1
Q.
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
The next line says other readings and all
2
assignments be posted on ULearn, check it often.
3
Did you in this course post readings on
4
ULearn?
5
A.
Yes.
6
Q.
What was the nature of those readings?
7
A.
They would relate to whatever we were going
8
over each week.
Sometimes they might be a link to a web
9
site that has relevant information, or sometimes -- I
10
mean occasionally they are related to the EReserve
11
system, a more formal like academic reading as opposed
12
to a link to a web site or something like that.
13
just depends.
So it
And in general I just want them to check
14
15
ULearn because I don't want them to just say, oh, I have
16
the textbook, I'm going to look at the syllabus and just
17
read that one chapter that it says there, because
18
there's homework and there's other things they need to
19
be thinking about that are more detailed that I put
20
online instead of in the syllabus.
So lots of places in here I'm saying check
21
22
syllabus because this is not -- it doesn't encompass all
23
my class.
24
Q.
25
I see.
So are there -- were there in this
course reading assignments that the students had other
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
than those listed on the course schedule which starts on
2
page 7?
3
A.
There probably were, because I think what you
4
see here -- these are the main readings, because they
5
take up the most time.
6
textbook.
Let's see.
7
They're chapters in Louis Day's
Yeah, I can't really remember --
8
because there would be homework assignments, too,
9
related, but mostly to these chapters.
But sometimes
10
I'll have them look at other things as well.
11
bulk of the readings are here, but not everything.
12
13
Q.
Okay.
But the
And some of those would have been on
ULearn then, the things that aren't on here?
14
A.
Yeah, yeah.
15
Q.
I think you used the phrase before sometimes
16
17
18
what you placed on ULearn was a more formal -A.
MS. QUICKER: Make sure he gets a chance
to complete his question.
20
MR. LARSON: Thank you.
21
23
I'm
not sure what you're --
19
22
More detailed is probably what I meant.
BY MR. LARSON:
Q.
And I just wanted to understand.
I was
24
attempting to recall what you had said before.
But I
25
think you said sometimes the ULearn material might be a
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
link to a web site?
2
A.
Yeah.
3
Q.
And then sometimes it might be a reading
4
5
6
7
excerpt of some kind, an actual file, is that right?
A.
Yeah, it could be telling them to go to the
library EReserves because that's where the article is.
Q.
And that's my question.
Did you ever actually
8
on ULearn post articles themselves, you know, a PDF copy
9
of an article or something like that?
10
MS. QUICKER: Objection.
11
THE WITNESS: Am I supposed to answer
12
that?
13
Compound.
BY MR. LARSON:
14
Q.
Yeah.
15
A.
Okay.
16
Q.
And in this class do you recall doing that?
17
A.
I don't remember in this class.
I probably have, yes.
But I've been
18
made aware because of this lawsuit, I have refreshed my
19
memory I did have that one EReserve reading from the
20
Bugeja book.
21
But yeah, this was the first time that I had
22
taught this class in this particular format, and I've
23
taught it three times since then including just
24
finishing up today, so it's kind of hard for me to
25
distinguish between each of the times because I'll kind
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
of add some readings or take things away.
But generally
2
I can't really give them too many readings because they
3
have to spend so much time on their paper that they
4
don't --
5
I have trouble getting them to read the
6
textbook so it almost becomes a -- I don't want to say a
7
waste of my time, but I can suggest things to them, but
8
I can't really overwhelm them.
9
overwhelming enough, apparently.
10
Q.
The textbook seems
And in those instances where you do have a
11
reading other than the textbook, how have you decided
12
whether to put that on the EReserve system or to use
13
ULearn?
14
A.
If I -- well, it's like sometimes you can put
15
the whole book on reserve at the library.
But if I
16
think -- if I want everyone to read a certain chapter I
17
can't have 25 people or 19 or 15 or however many walk
18
over to the library and try to share that one book or
19
whatever.
So if there's just one chapter, then it would
20
21
go to EReserve.
And it's usually two, because they will
22
scan it.
23
on PDF, so the library does that work for you.
24
you either give them the book or they find the book and
25
you tell them what you want and then it also has the
I don't know how to scan things and put them
They --
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
fair use checklist and the whole thing.
2
process that you go through, it's a little time
3
consuming.
6
7
8
But then they scan it and put it on there.
So it's really more of a convenience for my
4
5
There's a whole
students to be able to access that.
Q.
Uh-huh.
And when, in what situation would you
use ULearn instead, if you have, for a reading excerpt?
A.
Yeah, I feel comfortable posting my own
9
articles because I feel like that's part of my copyright
10
agreement when I publish with a publisher that I can put
11
my own authored things on my web site.
But I like our
12
library system, so I utilize it a lot.
And so it's a
13
useful resource for me, and so --
14
Q.
Now, you said if it's only one chapter, why is
15
it that you can't use hard copy reserve?
16
said you can't have the whole class going over and --
17
A.
You know, you
Well, you can keep a book there, but if it's a
18
required reading for a homework assignment, like people
19
would be checking out the book in increments of two
20
hours.
21
increments of two hours or like one day or three day
22
check-out period, and so if you assigned everybody that
23
you had to read something but then they had to go to the
24
library and share this one book, it would be too
25
logistically difficult for them to do that.
If everyone had to share the book in like
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
2
Q.
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
And does using ERes somehow overcome that
logistical difficulty?
3
A.
Definitely.
4
Q.
How so?
5
A.
Well, because everybody can access that one
6
required chapter or whatever pages it is at their own
7
convenience without kind of going to the library to find
8
that your classmate is sitting there using it and you
9
have to come back.
Our students are very busy.
10
Most of them work
11
part or full time and take too many classes or a lot of
12
classes, and their time is very tight, anyway, so you
13
need to make things convenient for them.
14
15
16
Q.
access the reading simultaneously rather than -A.
21
22
23
Foundation.
Make sure he finishes his question, too.
18
20
Yeah, I think so.
MS. QUICKER: Objection.
17
19
And on ERes, do you know, are they able to
BY MR. LARSON:
Q.
So if you know.
MS. QUICKER: Objection.
Foundation
again.
THE WITNESS: I imagine they could pull
24
it up simultaneously, that that's not a
25
problem.
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
BY MR. LARSON:
2
Q.
Have you ever considered using -- well, let me
3
step back.
Are you aware of what a coursepack is?
4
5
A.
I used to have them when I was a student.
6
Q.
Have you ever considered using coursepacks for
7
8
9
10
11
12
your courses at Georgia State?
A.
I haven't really.
I prefer not to put things
on paper as much as possible as an environmentalist.
Q.
Any other reasons other than the environmental
concern?
A.
It's probably a lot of work for the professor
13
to organize all of those things and get them all
14
collected in that one -- I don't know, I hadn't
15
really -- I'm usually fine with the textbook and then
16
kind of supplementing as needed, but making the textbook
17
the main thing at the undergraduate level that they
18
would read.
So I don't really know how the process works.
19
20
I've never looked into it since I've been a professor as
21
far as doing a coursepack.
22
a lot of them and they were on paper and they would be
23
like this thick.
24
25
Q.
Okay.
As a graduate student I used
But I hadn't considered it.
If you could look back at your
syllabus, please.
And if you could turn to page 8 and
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
look at week 16.
2
A.
Uh-huh.
3
Q.
There's a reading listed there from -- and I
4
don't know how to pronounce it.
5
A.
I don't either.
6
Q.
Bugeja we'll say, chapter 10 and says ERes?
7
A.
Uh-huh.
8
Q.
Was that a -- does that indicate a reading
9
that you placed on the EReserve system?
10
A.
It does.
11
Q.
And it was a full chapter from a book by
12
13
14
someone named Bugeja?
A.
It actually was not a full chapter.
It was a
subsection of that book.
15
Q.
Uh-huh.
16
A.
It's possible I put chapter 10 because that
17
may be the way that it was listed by the library system.
18
They sometimes will label it and so the way it shows up
19
in the system, I need to, anyway, clarify what it is.
20
But it's not the whole chapter, I don't believe.
21
Q.
Okay.
Was that a required reading?
22
A.
Yes, but they don't really get tested on it.
23
So even though this says final exam, it's a reflective
24
open ended 13 page open book kind of thing.
25
it if they use class text, but they're not tested on
So I like
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
that.
2
it.
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
So -- but I would have liked them to have read
That's why I put it there.
3
Q.
Was it discussed in class?
4
A.
No.
5
Q.
Are the other readings in the prior weeks
6
7
discussed in class?
A.
They usually are or they might be.
It
8
depends.
Sometimes I use the homework as a way to
9
supplement what I don't have time for in class.
And so
10
they can read something, respond to it in homework and I
11
respond to them outside of class, and then they do
12
something else inside of class during the class time,
13
because the class time is precious.
14
not discuss the homework in class.
15
Q.
And just to be clear.
So we may or may
So this reading,
16
though, was placed on EReserves and used in the class,
17
the Bugeja?
18
MS. QUICKER: Objection.
19
THE WITNESS: Yes, it was -- it was
20
accessible to them, and I have it here as
21
something they should read to prepare
22
themselves to do the final exam.
23
is the last reading they could have done.
24
25
Compound.
So this
BY MR. LARSON:
Q.
This is Freeman Exhibit 3.
Do you recognize
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
this document?
2
A.
Yes.
3
Q.
And what is this?
4
A.
This is the fair use checklist for the
5
6
7
8
9
readings that we're discussing related to ERes.
Q.
And this is the checklist for the Bugeja
excerpt that we were just looking at on the syllabus?
A.
here.
10
Q.
11
Yes.
Although there's two different excerpts
There's two different page ranges.
Let's look back at the syllabus just so I'm
clear.
For week 16 on the syllabus it says Bugeja
12
13
book chapter 10.
Does that -- is there a page range on
14
Exhibit 3 that is from chapter 10?
15
A.
It's page range 299 to 305.
16
Q.
Okay.
17
116 do 121.
And the checklist indicates also pages
Do you see that?
18
A.
Yes.
19
Q.
Are those on the syllabus somewhere?
20
A.
It's not written on the syllabus.
21
22
23
24
25
It's not
written on the syllabus.
Q.
And was that assigned in some other way other
than the syllabus?
A.
well.
Yeah, I think I asked them to read that as
And from looking at it yesterday, it seemed to
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
relate to photography and so I think it would have been
2
in the week where we talked about like -- maybe week 7
3
or 8 where we're talking about privacy and
4
confidentiality.
5
fallen as a supplemental reading.
That's where I think it would have
6
Q.
And what do you mean by supplemental?
7
A.
Meaning in addition to the chapters that they
8
have to read.
9
any of the chapters, really, but it's something I
10
11
12
Again, even though they're not tested on
provide to them as extra context.
Q.
And so when did you complete this checklist
that we see here in Exhibit 3?
13
A.
Well, the date on this is November 17th, 2010.
14
Q.
Okay.
15
A.
This paper copy, yes.
16
Q.
And during the -- at the time that you
That's when you completed it?
17
submitted your request to the library to have these
18
excerpts placed on the EReserve system, did you complete
19
a checklist?
20
A.
Yeah, but not on paper.
It's -- it comes up
21
electronically as part of the process the professor goes
22
through.
23
the checklist, is this fair use before you continue and
24
give them the details.
25
You know, it asks you, have you thought about
Like I told you, I tend not to print things
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CAMBRIDGE vs. BECKER
1
2
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
out that often.
Q.
So when you say it comes up electronically,
3
was it something that actually looks like this that came
4
up electronically?
5
A.
I don't know that it has all these details on
6
it, but you can access that.
7
additional click.
What I think is on there is more where you
8
9
I think you have to do an
have to check yes I have reviewed the checklist and yes
10
I deem that this is fair use.
11
comes up looking like this with these boxes and all that
12
on the first page.
13
and seen that.
14
Q.
Yeah.
But I don't think it
You've probably gone in the system
Let me give you what's been marked
15
previously as Plaintiff's Exhibit 37.
And let me ask,
16
is this what you're talking about, the screens that
17
you --
18
A.
Yeah.
19
Q.
And I direct your attention specifically to --
20
I guess it's about the ninth page of the exhibit
21
headlined electronic reserves request form, electronic
22
book.
23
A.
What page are you on?
24
Q.
Three from the back.
25
MS. QUICKER:
Is that 3185 Bates range,
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
is that what we're talking about?
1
MR. LARSON:
2
I think it's 31385
3
although it's a little cut off so -- yes,
4
yeah, because the next one is 31386.
THE WITNESS: It's after electronic
5
article and before electronic notes?
6
7
8
BY MR. LARSON:
Q.
That's correct.
Yeah.
Is this --
You'll see there, it's a little hard to read,
9
10
but in the middle section there's a sort of check box
11
that says it falls under fair use according to the fair
12
use checklist I completed?
13
A.
Yeah, I think they've changed -- yes, I think
14
they've changed the format where now it comes up before
15
you get to this page, because I'm kind of remembering
16
what it does recently.
But yes, this is generally the format.
17
But I
18
think the fair use checklist now comes at an earlier
19
stage.
20
Q.
But yeah.
So at the time when you submitted your request
21
back in 2009 for the Bugeja excerpt, did you actually
22
click or view the checklist itself?
23
A.
I don't remember if I did that for this
24
particular book.
It's possible, and I don't remember, I
25
might -- I had another class at the time, a media theory
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
class, it's possible that I had something else that I
2
was also putting on EReserve and you might look at the
3
checklist once to refresh your memory and then think
4
about the multiple things you're working with and making
5
sure they're in compliance before you move forward, so I
6
don't recall.
7
Q.
Okay.
And so I take it then you don't recall
8
at the time at least going through each specific
9
subfactor that we see on Exhibit 3 to determine whether
10
or not it applied to the Bugeja excerpt?
MS. QUICKER: Objection.
11
Asked and
answered.
12
13
THE WITNESS: I don't recall clicking on
14
that link and looking at that in context of
15
this particular book.
16
BY MR. LARSON:
17
Q.
Okay.
18
A.
But I may have done that.
19
20
But I just don't
remember because it's been a couple years.
Q.
Understood.
And so on November 17th, the date
21
on Exhibit 3, when you completed the checklist or worked
22
through it, what were you doing then when you did it?
23
A.
I think I had received an e-mail from our
24
legal department that was asking about this probably in
25
context of this case, and so wanting us to kind of go
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
4
APRIL 21, 2011
back and have a paper record of things.
So that's why I did it in November 17th, 2010.
2
3
CARRIE PACKWOOD FREEMAN
Normally you would never obviously go back.
Q.
And so in what we see in Exhibit 3 then is
5
your analysis of the checklist that you did on November
6
17th?
7
A.
Yes, right.
8
Q.
And just to be clear, it's not you attempting
9
10
11
to remember what you specifically did back in 2009 when
you used the work, correct?
A.
I probably have similar evaluation skills, so
12
it's probably similar.
But it also, it's me looking at
13
it in November 17th, 2010 according to the checklist and
14
saying, okay, these were the pages I used, you know, do
15
I think they're in compliance and in what way, what's my
16
rationale for that.
So --
17
Q.
What's your rationale on November 17th, 2010?
18
A.
Yes.
19
And I hope it would be similar to my
thinking back a year prior.
20
Q.
But you're not sure?
21
A.
Yeah, I don't know.
22
Q.
Is this the only checklist that you filled out
23
in last November?
24
A.
I can't remember if they gave me another one.
25
Q.
And when you -- in your current use of the
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
system, do you fill out checklists for works that you
2
place on the EReserve system?
A.
3
Again, I don't -- if they had it where it
4
would be done electronically, that would probably be a
5
good idea because then if you could store them that way,
6
I would like that.
But I don't -- I don't print them out for each
7
8
thing that I put on.
But it is something that I'm aware
9
of really even before I get to the library, the point
10
where I get to start typing in on that page.
11
you're reviewing works you're kind of conscious about
12
whether or not it's appropriate or how much you're
13
putting on and what parts of it or do you need it at
14
all.
15
even get to this library page about whether it's
16
appropriate.
And all of that kind of comes to bear before you
Q.
17
Whenever
And I just want to understand your practice
18
now.
19
do you walk through even if you don't actually print it
20
out or write it down, do you walk through each factor to
21
see whether it applies?
22
Do you for each work that you place on EReserves,
A.
I probably would do it in the beginning of the
23
year at the semester beginning when I'm posting a lot of
24
the stuff, but not necessarily to -- I wouldn't
25
necessarily sit there and look at this for each book and
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
then take the other book and go -- just because I
2
wouldn't be that detailed about it.
3
that I shouldn't be using too much of the book and I
4
need to be conscious about being fair about what I put
5
online, certainly in my mind at all times.
6
Q.
But I am very aware
And just so I understand how it works.
7
There's a link, when you're going through the process of
8
making the request to the library, that's done
9
electronically, correct?
10
A.
Yes.
11
Q.
And there's a series of screens that look
12
something like what is on Plaintiff's Exhibit 37?
13
A.
Yes.
14
Q.
Although maybe not exactly any more?
15
A.
Right.
16
Q.
And as part of that there's a link where you
17
can actually look specifically at a fair use checklist
18
that looks like Exhibit 3?
19
A.
question.
21
MR. LARSON:
22
24
25
Yes.
MS. QUICKER: Make sure he finishes his
20
23
Yes.
Thank you.
BY MR. LARSON:
Q.
And that's something you actually have to
click and it gets sort of called up separately on your
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
screen?
2
A.
Yes.
3
Q.
And that, what you see then is not
4
interactive, you can't sort of check the boxes,
5
literally check them on your computer?
6
7
8
9
A.
I don't know that I've tried to actually type
on it, so I don't know if it's interactive or not.
Q.
Looking at Exhibit 3, how did you actually
create this?
10
A.
I don't know if they sent me a PDF or
11
something.
12
that I had trouble typing on, and so they had to send
13
something else or whatever.
I remember initially they sent something
I mean, I could see the other one but I just
14
15
couldn't get my information typed on it neatly.
16
remember there was a little bit of an issue there.
17
But --
18
Q.
19
20
So I
Do you remember, did you copy and paste into a
Word document or -A.
I don't know if I did.
I do remember there
21
was something about what they sent me that wasn't user
22
friendly and it took a couple extra steps for me to type
23
on it, and so that was inconvenient.
24
25
Q.
Can you look back at Dixon 2 for me.
It's the
sort of thick policy document.
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
1
A.
Yes.
2
Q.
And turn to page 7.
APRIL 21, 2011
So you'll see on page 7
3
the checklist there has -- you see sort of a series of
4
boxes?
5
A.
Okay.
6
Q.
And I'm just trying to understand Exhibit 3,
7
8
9
10
11
12
13
why it looks different and why the boxes aren't there.
A.
Yeah, so maybe you're saying you think maybe I
copied and pasted it into Word and that's why it ended
up in different format?
Q.
I don't know, I'm just trying to understand
how it happened and how Exhibit 3 was created.
A.
I don't know, either.
It's possible -- it's
14
possible I could have copied and pasted it into Word.
15
guess I was just trying to get it to work so that I
16
I
could send it back to them.
So that's why I guess I typed underneath
17
18
instead of putting -- if you see my writing like yes to
19
all but --
20
Q.
That's -- you entered that in some way?
21
A.
Yeah, because I guess I couldn't check the
22
boxes just as a pragmatic thing, it wasn't letting me or
23
something.
24
Q.
25
And I see -- on the other side, on the right
hand column, there's no indication of any kind that I
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CAMBRIDGE vs. BECKER
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CARRIE PACKWOOD FREEMAN
can see of your checks or analysis.
APRIL 21, 2011
Is that right?
2
A.
Right.
3
Q.
And did you determine that any of those
4
5
That is true.
factors applied, or what did you do?
A.
I know I would have looked at all of them.
6
But in hindsight, you're right, it would be good if I
7
had typed underneath all of them, too, and I didn't do
8
that.
9
Q.
Okay.
And looking at factor 2 on the second
10
page, same thing, where it says yes to all here in
11
factor 2, is that your note?
12
A.
Yes.
I think I put my -- well, some of my
13
stuff is written in italics.
14
stuff in italics, so it doesn't matter.
15
16
17
Q.
But I also see some other
Just so I understand.
You're saying all three
of those subfactors applied there under factor 2?
A.
Yes to all herein factor 2.
That seems like
18
very legal language for me.
19
or nonfiction.
20
applied to the readings from that book.
21
Q.
Okay.
But published work factual
Yes, so I felt that all those things
You say it sounds kind of legal.
Do
22
you recall actually writing those words there or was
23
that counsel?
24
25
A.
I wouldn't use the word herein in many
conversations, so I'm not sure.
Like the other ones
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CARRIE PACKWOOD FREEMAN
1
seemed to say here.
2
APRIL 21, 2011
So I'm not sure why it's typed --
why it's phrased like that.
But it was my attempt to say yes, those three
3
4
things in the factor 2 area apply to this particular
5
Bugeja book.
6
Q.
And on the right hand column there under
7
factor 2 there's no indication of any kind that I can
8
see from you, is that right?
9
A.
Right.
10
Q.
And why not?
11
A.
I seem to be -- yeah, I could have done the
12
opposite and said yes to these in the left hand and no
13
to these on the other side so -- but I didn't go in and
14
type -- maybe it's just I thought it was implied, but I
15
see that it would be better if I had typed something
16
there.
17
Q.
But was your assumption that because the three
18
on the left all applied that none of the three on the
19
right applied?
20
21
22
23
24
25
A.
Well, I know I would read them all, you'd read
all of the things.
Q.
Okay.
But you didn't -- you determined that
none of the ones on the right hand side applied?
A.
Unpublished work, highly creative -- yeah, I
don't think they apply to this case, to this particular
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
2
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
book.
Q.
Looking at factor 3 down on the bottom, it
3
says yes to all here in factor three.
4
note?
5
A.
Is that your
Oh, now I know about the -- now I see about
6
the other one.
There's just a space missing.
7
yes to all here in factor 2, not herein.
8
It says
legal language, it just needed a space.
So it's not
9
Q.
I see.
10
A.
So okay, so in factor 3 it says yes to all
11
12
here in factor 3.
Q.
That's indicating that you were -- you
13
determined that all of the entries there under factor 3
14
applied to the chapter?
15
A.
Were relevant.
Sorry.
16
Q.
Yeah, okay.
17
A.
That they were relevant, yes.
18
Q.
And again, the lack of any comment in the
19
right hand column under factor 3 indicates that you
20
determine that had none of those applied?
21
A.
Yes.
22
Q.
And looking at factor 4, I see a note at the
23
bottom that says yes to factor 4 except one of few
24
copies made and no longer in print and licensing not
25
available.
That's your note?
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
A.
Yes, that's my note.
2
Q.
And there's no note on the right hand side, is
3
that right?
4
A.
Yes, there is no note on the right hand side.
5
Q.
And that's because you determined that none of
6
7
those factors listed there applied?
A.
I mean, there's more in this one and so it is
8
possible that one might apply, but I didn't yet respond
9
to that particular area because I thought -A lot of these are somewhat opposite, I mean,
10
11
the two sides are opposite to each other, so if the
12
majority of one side applies, then it negates the other
13
side.
14
Q.
Just ask a couple questions.
Going back to factor 1.
15
You see there's an
16
entry on factor 1 for transformative.
17
understanding, not back in November but sitting here
18
now, what is your understanding of what that factor
19
means, transformative?
20
A.
What's your
I do think that is somewhat vague, and as a
21
user of this fair use checklist I would probably
22
appreciate that being clarified more because it could be
23
interpreted in multiple ways.
24
25
Does my use of this in class change the work
for new utility or purpose.
I'm not really sure I know
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
what that means.
2
that it didn't necessarily probably because I don't
3
really know what that means, to be honest.
4
Q.
And that might be why I put -- I said
Understood.
Let's go back to factor 4 on the second page.
5
6
There are entries, well, starting on the left hand side,
7
the first one is no significant effect on the market or
8
potential market for the copyrighted item.
9
one on the right hand side that says significantly
10
impairs the market or the potential market for the
11
copyrighted work.
And there's
My question is, what do you understand the
12
13
market for the copyrighted work to be in the context of
14
this checklist?
15
A.
Well, that would be different for each book.
16
It depends on what it is.
So Bugeja's book is one about
17
media ethics, so it could really be used in any media
18
class.
19
well in journalism classes.
20
practitioners in media.
It's primarily journalism focused so it fits
It could also be used by
So I would say that either someone who works
21
22
in media or who is studying media would utilize that
23
book.
24
25
Q.
So those are the markets for that book.
Okay.
And when it says no significant effect
on market or potential market for the copyrighted work,
SHUGART & BISHOP
Page 41
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
is the -- well, just tell me what you understand that
2
factor to be, to be getting at?
3
A.
I think what I would say is that it doesn't
4
mean -- like me putting this on reserve doesn't keep
5
students from going out and buying the book.
6
Q.
Okay.
So it's purchase of the book?
7
A.
Or the idea that they were going -- I don't
8
have the idea that they were going to go buy this book
9
and now by me putting it on there, hey, I don't need
10
that book because I've got this chapter or whatever.
11
That if they liked what I put on, they would still say,
12
well, it's not very many pages, I do like this book, I
13
think I am going to go buy it.
In reality a lot of students are not buying
14
15
books because they can't afford it.
16
think it's a significant effect on the market for this
17
book.
18
Q.
But so I don't
And just so I'm clear, your understanding of
19
the market as used here does not include license fees or
20
permissions fees for using the particular chapter or
21
excerpt as opposed to the whole book?
22
A.
Yeah, I mean, with you bringing it up it
23
brings up a new perspective for me.
But I think when I
24
see market I'm thinking in terms of someone buying the
25
whole book.
I'm thinking old school, you know, that
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
way.
Q.
2
And looking over to the right it says
3
licensing or permission reasonably available.
4
You see
about three lines down under factor 4?
5
A.
Okay.
6
Q.
What's your understanding of what that factor
7
means?
8
A.
9
I don't know.
When I see permission available
it would indicate maybe that you would write to the
10
author or the book publisher and ask permission to be
11
using part of the book or something like that.
Q.
12
13
Are you aware of a company or agency called
the Copyright Clearance Center?
14
A.
No.
15
Q.
Are you aware that publishers offering the
16
ability for professors to license, take licenses for
17
using excerpts of readings in courses?
18
A.
No.
19
Q.
When you filled this checklist out actually in
20
November, I take it you didn't determine that required
21
classroom reading applied under the weighs against fair
22
use?
23
A.
Yeah, well, it's on my list, but I -- also the
24
concept of required reading also gives the impression
25
that it might be like the textbook, like the required
SHUGART & BISHOP
Page 43
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
1
textbook that you have in its entirety.
2
also be read in terms of was this an optional reading
3
for the students that doesn't affect their grade or not.
4
And it's hard to say because I don't give tests in my
5
class.
6
But it could
When I put something on and ask them to read
7
it, in my mind I think it's required.
8
that they necessarily think of it in that same way if I
9
don't test them on it.
10
MR. LARSON:
I see.
I don't think
Let's go off the
11
record just for a minute and let me just
12
flip through my notes.
13
14
15
16
THE VIDEOGRAPHER:
Off the video record
at 4:21.
(Brief recess.)
THE VIDEOGRAPHER:
We're back on the
17
record at 4:23.
18
MR. LARSON:
I have no more questions.
19
MS. QUICKER:
We have nothing further.
20
THE VIDEOGRAPHER:
Going off the video
21
record at 4:24.
22
(Deposition concluded at 4:24 p.m.)
23
24
25
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CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
E R R A T A
APRIL 21, 2011
S H E E T
2
3
4
5
I, the undersigned, Carrie Freeman, do hereby
certify that I have read the foregoing deposition and
that, to the best of my knowledge, said deposition is
true and accurate (with the exception of the following
corrections listed below).
6
7
8
PAGE / LINE CORRECTION
9
------/--------------------------------------------
10
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17
------/--------------------------------------------
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------/--------------------------------------------
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----------------
-----------------------------
NOTARY PUBLIC
SIGNATURE
21
22
DATE-------------23
MY COMMISSION EXPIRES:
24
25
SHUGART & BISHOP
Page 45
CAMBRIDGE vs. BECKER
1
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
C E R T I F I C A T E
2
3
G E O R G I A:
4
FULTON COUNTY:
5
I hereby certify that the foregoing
6
deposition was taken down, as stated in the
7
caption, and the questions and the answers
8
thereto were reduced to printing under
9
my direction; that the preceding pages
10
represent a true and correct transcript, to
11
the best of my ability, of the evidence given
12
by said witness upon said hearing. And I
13
further certify that I am not of kin or
14
counsel to the parties to the case; am not
15
in the regular employ of counsel for any
16
of said parties; nor am I in anywise
17
interested in the result of said case.
18
This, the 24th day of April, 2011.
19
20
21
22
-----------------------------Teresa Bishop, RPR, RMR
CCR No. B-307
My commission expires 11-21-11.
23
24
25
SHUGART & BISHOP
Page 46
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
APRIL 21, 2011
DISCLOSURE
1
2
3
STATE OF GEORGIA
4
COUNTY OF DEKALB
5
Deposition of Carrie Freeman
6
7
Pursuant to Article 10.B of the Rules and Regulations of
the Board of court Reporting of the Judicial Council of
Georgia, I make the following disclosure:
8
9
10
I am a Georgia Certified Court Reporter.
representative of Shugart & Bishop.
I am here as a
I am not disqualified for a relationship of interest
under the provisions of O.C.G.A. 9-11-28.
11
12
Shugart & Bishop was contacted by the offices of
Bondurant Mixson & Elmore to provide court reporting
services for this deposition.
13
14
Shugart & Bishop will not be taking this deposition
under any contract that is prohibited by O.C.G.A. 15-14-37
(a) and (b).
15
16
17
18
19
Shugart & Bishop has no exclusive contract to provide
reporting services with any party to the case, any counsel
in the case, or any reporter or reporting agency from whom
a referral might have been made to cover this deposition.
Shugart & Bishop will charge its usual and customary
rates to all parties in the case, and a financial discount
will not be given to any party to this litigation.
20
21
22
Teresa Bishop
RPR, RMR, CCR B-307
23
24
25
SHUGART & BISHOP
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CAMBRIDGE vs. BECKER
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access 22:5 23:5,15
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accessible 16:21
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accomplishment
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accurate 17:13 45:5
action 1:6 4:23 9:1
actual 17:8 20:4
add 21:1
addition 28:7
additional 29:7
address 4:16,17
affect 44:3
afford 42:15
agency 43:12 47:16
ago 9:19
agreement 11:4
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agreements 11:3
ahead 5:21
al 1:4,9 4:6,6
analysis 32:5 37:1
animal 8:14 10:12
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Annotated 3:22
answer 5:5,8,20,21
15:14,25 20:11
answered 14:22
31:12
answers 46:7
anybody 9:20
anyway 5:17 23:12
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anywise 46:16
apart 11:16 13:11
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apparently 16:14
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APPEARANCES
3:1
appears 13:8
applied 31:10 37:4
37:16,20 38:18,19
38:23 39:14,20
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applies 33:21 40:12
apply 38:4,25 40:8
CARRIE PACKWOOD FREEMAN
appreciate 40:22
appropriate 33:12
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appropriately
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approximately
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April 1:17 46:18
area 8:15 38:4 40:9
Arguments 10:12
article 20:6,9 30:6
47:6
articles 12:7,9 20:8
22:9
aside 17:19
asked 14:21 27:24
31:11
asking 11:12 31:24
asks 11:11 28:22
assign 11:7
assigned 22:22
27:22
assignment 22:18
assignments 18:2
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assistant 8:2
assumption 38:17
Atlanta 1:2,17,24
3:14 4:20
attempt 38:3
attempting 19:24
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attended 15:3
attending 7:13
attention 29:19
ATTORNEY 3:5
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author 43:10
authored 22:11
availability 7:16
available 7:14
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Avenue 3:6 4:20
aware 7:9,12 9:1
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33:8 34:2 43:12
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b 2:7 3:23 47:14
back 6:9,17 13:11
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24:24 27:10 29:24
30:21 32:1,3,9,19
35:24 36:16 40:15
40:17 41:5 44:16
background 7:23
BALLARD 3:12
Bates 29:25
bear 33:14
Becker 1:7 4:6
beginning 4:2 33:22
33:23
behalf 1:14
believe 15:5 25:20
benefits 11:17
best 17:12 45:4
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better 38:15
Bishop 1:15,22
46:21 47:9,11,13
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bit 35:16
board 10:23 47:7
Bondurant 47:12
book 10:10,12,24
11:13,19,20 12:8
12:11,12,18 17:23
20:20 21:15,18,24
21:24 22:17,19,20
22:24 25:11,14,24
27:13 29:22 30:24
31:15 33:25 34:1
34:3 37:20 38:5
39:1 41:15,16,23
41:23 42:5,6,8,10
42:12,17,21,25
43:10,11
books 8:23,23 9:9
10:7 42:15
boss 16:4,7
bottom 17:4 39:2
39:23
box 30:10
boxes 29:11 35:4
36:4,7,22
break 5:14,16,17
Brief 44:15
briefing 7:5
bringing 42:22
brings 42:23
Bugeja 2:16 20:20
25:6,12 26:17
27:6,12 30:21
31:10 38:5
Bugeja's 41:16
bulk 19:11
busy 6:2 23:10
buy 42:8,13
buying 10:7 42:5,14
42:24
B-307 1:16 46:21
SHUGART & BISHOP
47:22
C
c 3:23,23 46:1,1
called 7:15 34:25
43:12
Cambridge 1:4 4:5
9:6
cap 17:8
capacity 1:8
caption 46:7
career 11:17
Carrie 1:13 4:4,9
4:19 45:3 47:5
case 4:5 6:25 7:6,10
31:25 38:25 46:14
46:17 47:16,16,18
CCR 1:16 46:21
47:22
Center 43:13
certain 21:16
certainly 11:20
34:5
Certified 1:22 47:8
certify 45:4 46:5,13
chair 16:8
chance 19:19
change 40:24
changed 30:13,14
chapter 10:24 11:7
18:17 21:16,20
22:14 23:6 25:6
25:11,13,16,20
27:13,14 39:14
42:10,20
chapters 8:22 10:10
10:17 11:6,10,13
11:18 12:11 19:5
19:9 28:7,9
charge 47:18
check 18:2,14,21
29:9 30:10 35:4,5
36:21
checking 22:19
checklist 2:15 6:19
6:23 13:6,8,12
22:1 27:4,6,16
28:11,19,23 29:9
30:12,18,22 31:3
31:21 32:5,13,22
34:17 36:3 40:21
41:14 43:19
checklists 6:10,10
6:18 33:1
checks 37:1
check-out 22:22
APRIL 21, 2011
Cheshire 16:8
Civil 1:6
clarified 40:22
clarify 25:19
class 2:12,13 6:1
8:13,17 16:15
18:23 20:16,17,22
22:16 25:25 26:3
26:6,9,11,12,12
26:13,14,16 30:25
31:1 40:24 41:18
44:5
classes 6:4 8:12
23:11,12 41:19
classmate 23:8
classroom 43:21
clean 5:9
clear 5:13 26:15
27:11 32:8 42:18
Clearance 43:13
click 29:7 30:22
34:25
clicking 31:13
collected 24:14
collections 10:20
column 36:25 38:6
39:19
come 10:13,14 23:9
comes 28:20 29:2
29:11 30:14,18
33:14
comfortable 22:8
commencing 1:18
comment 39:18
commission 45:23
46:22
communication
7:24 16:9
communications
8:10
company 43:12
complaint 7:6
complete 19:20
28:11,18
completed 28:14
30:12 31:21
compliance 31:5
32:15
Compound 20:10
26:18
computer 35:5
concept 43:24
concern 24:11
concluded 44:22
confidentiality 28:4
conflict 8:13,17
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CAMBRIDGE vs. BECKER
conscious 33:11
34:4
considered 24:2,6
24:23
consuming 22:3
contact 16:1
contacted 15:9
47:11
contained 1:15
context 28:10 31:14
31:25 41:13
continue 28:23
contract 10:3 11:2
47:14,15
contracts 10:17
convenience 22:4
23:7
convenient 23:13
conversations
37:25
copied 36:9,14
copies 11:11 39:24
copy 9:16 11:19
13:2 14:2 20:8
22:15 28:15 35:18
copyright 2:21 6:20
8:19 11:4,7 13:23
15:4,11 22:9
43:13
copyrighted 41:8
41:11,13,25
copyrights 14:9
Corporate 1:23
correct 30:8 32:10
34:9 46:10
CORRECTION
45:8
corrections 45:5
Council 47:7
counsel 3:1 5:1,18
37:23 46:14,15
47:16
count 16:11
COUNTY 46:4
47:4
couple 31:19 35:22
40:14
course 5:19 17:2,24
18:3,25 19:1
coursepack 24:4,21
coursepacks 24:6
courses 24:7 43:17
court 1:1,22 4:7
47:7,8,12
cover 47:17
covered 14:16
CARRIE PACKWOOD FREEMAN
create 35:9
created 36:12
creative 38:24
credit 10:5,8
critical 12:22
CRN 17:6
cup 8:6
current 32:25
customary 47:18
cut 5:10 30:3
D
d 2:1 3:5,23
date 28:13 31:20
45:22
David 16:8
day 6:1 16:11 17:23
22:21,21 46:18
Day's 19:5
deal 9:17
decided 21:11
deem 29:10
Defendants 1:10
3:10
Definitely 23:3
DEKALB 47:4
department 7:23
8:16 16:8 31:24
depends 18:13 26:8
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deposed 4:24 7:3
deposition 1:13
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depositions 6:25
Description 2:9
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details 28:24 29:5
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different 13:21 27:8
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difficult 22:25
difficulty 23:2
direct 29:19
direction 46:9
disclosure 3:22
47:1,7
discount 47:18
discuss 26:14
discussed 6:16 26:3
26:6
discussing 27:5
disqualified 47:10
dissertation 12:12
12:20
distinguish 20:25
DISTRICT 1:1,1
DIVISION 1:2
Dixon 2:20 13:2,5
35:24
doctorate 8:5,10
document 13:13
14:19,24 27:1
35:19,25
documents 6:6,8
doing 10:4 11:17
20:16 24:21 31:22
dropping 17:14
duly 4:10
E
E 2:1,7 45:1,1,1
46:1,1,3
earlier 8:7 30:18
edited 8:23 10:20
editor 8:24 9:23
10:20,22 11:8
editors 9:25
effect 41:7,24 42:16
either 21:24 25:5
36:13 41:21
electronic 2:17
29:21,21 30:5,6
electronically 28:21
29:2,4 33:4 34:9
Elmore 47:12
employ 46:15
employee 9:23 10:1
encompass 18:22
encyclopedia 9:3,4
11:15
ended 10:4 25:24
36:9
English 12:15
enrollment 17:9
entered 36:20
entirety 44:1
entries 9:4 39:13
41:6
entry 40:16
environment 8:13
environmental 8:14
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environmentalism
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environmentalist
24:9
ERes 15:6 23:1,14
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EReserve 18:10
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33:2
EReserves 20:6
26:16 33:18
et 1:4,9 4:6,6
ethics 2:12 10:12
16:15 41:17
Europe 12:22
evaluation 32:11
everybody 22:22
23:5
evidence 46:11
exactly 34:14
exam 25:23 26:22
EXAMINATION
2:4 4:12
Examinations 2:2
examined 4:10
example 6:10
exception 45:5
excerpt 2:16 20:4
22:7 27:7 30:21
31:10 42:21
excerpts 27:8 28:18
43:17
exclusive 47:15
exhibit 2:20,24 13:5
17:20 26:25 27:14
28:12 29:15,20
31:9,21 32:4
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36:6,12
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expect 10:9
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experience 9:13
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exposed 13:15,21
extra 6:13 28:10
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F 46:1
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38:7 39:2,3,7,10
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APRIL 21, 2011
42:2 43:4,6
factors 37:4 40:6
factual 37:18
fair 2:15 6:10,18,19
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field 12:6,15,16
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file 1:6 12:2 20:4
fill 17:11 33:1
filled 32:22 43:19
final 25:23 26:22
financial 47:18
find 21:24 23:7
fine 8:6 24:15
finish 5:8
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CARRIE PACKWOOD FREEMAN
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SHUGART & BISHOP
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lawsuit 14:7 20:18
learn 15:23
left 38:12,18 41:6
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let's 7:17 17:20 19:7
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APRIL 21, 2011
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Louis 17:23 19:5
Lynn 4:19
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Madam 4:7
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majority 40:12
making 24:16 31:4
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market 41:7,8,10
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markets 41:23
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APRIL 21, 2011
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readings 15:6 18:1
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text 17:21,24 25:25
textbook 18:16 19:6
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Thank 19:21 34:22
theory 30:25
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vague 40:20
validated 11:22
verbally 5:5
versus 4:6
video 4:1 44:13,20
VIDEOGRAPHER
3:19 4:1 44:13,16
44:20
videotaped 1:13 4:4
view 30:22
vigilant 13:24
violation 15:11
volume 9:24,25
vs 1:6
APRIL 21, 2011
34:2 37:24
write 33:20 43:9
writing 36:18 37:22
written 27:20,21
37:13
X
X 2:1,7
W
walk 21:17 33:19
33:20
want 5:17 14:12
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21:6,16,25 33:17
wanted 19:23
wanting 31:25
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wasn't 35:21 36:22
waste 21:7
way 5:11,13 6:5
11:22 14:13 25:17
25:18 26:8 27:22
32:15 33:5 36:20
43:1 44:8
ways 40:23
web 16:21 18:8,12
20:1 22:11
week 18:8 25:1
27:12 28:2,2
weeks 26:5
weighs 43:21
WEIL 3:6
we'll 25:6
we're 4:1 14:8
16:12 27:5 28:3
30:1 44:16
wise 11:17
witness 4:8 7:13
14:23 15:14 16:3
20:11 23:23 26:19
30:5 31:13 46:12
word 35:19 36:9,14
37:24
words 37:22
work 10:3,19,21
11:22 12:8 21:23
23:10 24:12 32:10
33:18 36:15 37:18
38:24 40:24 41:11
41:13,25
worked 9:19 31:21
working 12:12 31:4
works 10:22 14:14
14:14 24:19 33:1
33:11 34:6 41:21
wouldn't 33:24
SHUGART & BISHOP
Y
yeah 9:8 11:25
13:20 14:23 15:8
15:17 16:14 17:6
17:11,14,22 19:7
19:14,14 20:2,5
20:14,21 22:8
23:16 27:24 28:20
29:14,18 30:4,8
30:13,19 32:21
36:8,21 38:11,24
39:16 42:22 43:23
year 8:1 9:19 32:19
33:23
years 11:25 31:19
yesterday 6:3,11,19
27:25
YORK 3:7
$
$100 10:6,8
1
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10 25:6,16 27:13,14
10th 13:2
10.B 47:6
1000 3:13
10153-0119 3:7
1023 4:20
11-21-11 46:22
116 27:17
1180 1:16
121 27:17
13 1:23 2:21 25:24
140 1:23
15 21:17
15-14-37 3:23 47:14
16 2:11,13 25:1
27:12
16th 1:16 7:10,17
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17th 28:13 31:20
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19 13:9 17:9,12
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2
2 2:13,21 13:2,5,5
16:19 35:24 37:9
37:11,16,17 38:4
38:7 39:7
2008 8:5 13:17 15:2
2009 2:11 16:15
17:3 30:21 32:9
2010 28:13 32:2,13
32:17
2011 1:17 46:18
21 1:17
212.310.8238 3:7
24th 46:18
25 17:8,17 21:17
27 2:15
29 2:17
299 27:15
3
3 2:15 26:25 27:14
28:12 31:9,21
32:4 34:18 35:8
36:6,12 39:2,10
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3:28 1:18 4:3
30307 4:20
30309-3915 3:14
30329 1:24
305 27:15
31385 30:2
31386 30:4
3185 29:25
37 2:17 29:15 34:12
4
4 2:4 39:22,23 41:5
43:4
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4:24 44:21,22
4800 16:16 17:4
6
678.420.9300 3:14
7
7 13:8,10,12 19:2
28:2 36:2,2
767 3:6
770 1:24
Page 7
CAMBRIDGE vs. BECKER
CARRIE PACKWOOD FREEMAN
8
8 13:10,12 24:25
28:3
83268 17:6
9
9-11-28 3:22 47:10
955-5252 1:24
999 3:13
SHUGART & BISHOP
APRIL 21, 2011

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